LAWS(JHAR)-2018-7-30

MADAN MAHTO Vs. STATE OF JHARKHAND

Decided On July 09, 2018
Madan Mahto Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard, Mr. A. K. Sahani assisted by his junior counsel, Mr. Pankaj Verma appearing for the appellants and Mr. Krishna Shankar, learned Addl. Public Prosecutor appearing for the State.

(2.) Both the aforesaid Criminal Appeals are arising out of G.R. No.51 of 1988 and they have common set of evidence, but the appellant, Sadai Mahto [in Cr. Appeal (S.J.) No.1665 of 2003] absconded after his statement was recorded under Section 313 Cr.P.C. and thus, his case was separated from S.T. Case No.115 of 1993 to S.T. Case No.115 (A) of 1993.

(3.) The prosecution case, is based upon the basis of 'fardbeyan' of Jagarnath Mahto, recorded by the Police officer of Chandankyari Police Station on 19.01.1988 at 10.00 Hrs., wherein the informant has alleged that on 19.01.1988 at around 7.00 a.m., while he was going to leave his buffaloes in the field after untieding them, the accused persons, namely, Madan Mahto, Vinod Mahto along with Sadai Mahto armed with 'Garasa' and lathi, surrounded the informant and Vinod Mahto said that today he will not leave the informant and after killing him, his dead-body will be thrown. Thereafter, Madan Mahto having 'Garasa' in his hand assaulted the informant, on his head, due to which the informant fell down on the ground and thereafter, the other accused persons, Sadai Mahto and Vinod Mahto indiscriminately assaulted the informant by means of lathi. In the meantime, co-villagers, Arjun Mahto, Ramchandra Mahto and others came running over the place and asked the accused, not to commit such offence and thereafter the accused persons considering the informant to be dead, fled away. The informant regained his consciousness, when he was being carried out by his wife, Chabi Mahtain by bullock-cart and she (wife of the informant) was crying. The informant has sustained injuries on the head, hand, leg, back, mouth and lips. The informant has alleged that, accused persons are trying to grab his bari land which was objected by the informant. The accused persons with common intention brutally assaulted the informant with 'Garasa' and 'Lathi'.